May 19, 2020

NY, California Coronavirus and the Law


Understanding How COVID-19 Works and Governmental Liability.

COVID-19Unfortunately, New York State is now the world's hotspot for the Coronavirus-19. More than the other 49 states in the union, the Empire State suffered the most from the pandemic. Below we explain several reasons why this is the case. Sadly, politics has played an essential role in what businesses may remain open, and who is at fault, China, or President Trump? If China was wrong to shut down travel within its own country, while still allowing international flights in and out of Wuhan, then China is probably liable to the international victims. If it's Trump's fault, then what China did is irrelevant to those who hate him.

Understanding Both Major Points of View.

COVID-19 has presented two types of government for America. The left, "nanny state," and the right, "pro-freedom," points of view are on clear display. Because of this, the fall out with local and state governments has become a media spectacle, especially when it comes to discrimination against Christians and small business owners. To these victims of government overreach, COVID-19 was a mere tool to strip away our rights and make us get used to being sheep.

Blue states and blue cities within red states have started to release convicted rapists and felons to the streets while arresting and jailing a hairstylist. For example, in her case reminiscent of a Star Chamber, she refused to apologize to a democrat appointed judge for trying to support her family as a salon owner. She became a martyr to single moms and parents who reject the state as their "nanny." And this is because she was sentenced to imprisonment in a jail that is releasing violent criminals to "slow the spread of Coronavirus."

On the other side of the argument, is the pro-communist left. This includes public school teachers, intellectuals and bureaucrats with taxpayer-funded jobs. They have their news channels, CNN, ABC, MSNBC. As to be expected with a tenured official who can't be fired and who gets guaranteed pay raises, many of them view people who want economic freedom as enemies to be cajoled and targeted. Their media pundits appear to view the government stripping away the rights of political enemies as no less than comedic revenge.

Depending on who the cop or judge is, you can get a high five, or a set of handcuffs. So the lines seem to have been drawn. Democrat-appointed judges tend to support the "Orwellian" model, conservative judges, and most rural elected law enforcement officials tend to reject these "big government" decisions.

But aside from this, big cities are paying the price for a Draconian; one size fits all solution. And as noted, homeless and prisoners are left alone to pee in the streets and spread disease, while familial providers are targeted for arrest. This is the sad state of affairs we face during this pandemic.

Aside from the politics, there are other reasons why some cities tend to fare better and worse than others during a pandemic. But to better understand our analysis of big-city lockdowns, we must first explain our metrics. Our lead attorney, Michael Ehline, is an expert on personal injury law in Southern California. This enables him to understand the social aspects of the disease's spread. Perhaps more importantly, he works with multiple experts in the medical field.

In the past, this included Dr. Marc Darrow of Los Angeles, as well as other medical doctors. Altogether, Michael's understanding comes from a close examination of the underlying data-- and an understanding of what's happening in California. Michael is also an essential services provider who represents VA Admin patients in making the end of life decisions and assisting families with durable powers of attorney.

The Spread of COVID-19 Cases in New York.

Unfortunately, New York still struggles under the strain of the Coronavirus. As of May 19th, 2020, the New York Times reports that there are 198,114 total Corona cases in the state. In addition, there are now over 20,000 deaths. While the overall daily trajectory slowed, the situation is still dire. After peaking at around 5,000 cases per day, much of the state suffered immensely. In some parts of the Bronx and Queens, more than one in 30 people acquired the disease. In some areas, the total infected exceeded 4%. But to better understand why, we must consider several major factors.

  • The Subway. The New York City subway system is one of the root causes. The densely packed public transport system is utilized by rich and poor alike. In addition, the cramped conditions and recirculated air played havoc on the disease's spread.
  • Close Living Quarters. Unlike more spread out cities, New York has a high population density. This enabled the disease to spread throughout the buildings crammed with people.
  • Retirement and Assisted Living Homes. Due to a faulty order of Governor Andrew Cuomo, the disease ravaged older people. Governor Cuomo ordered assisted living facilities to accept those ill with the disease. Considering that roughly half of COVID deaths took place in such facilities, the decision was disastrous.

Why is COVID-19 Different in California?

There are multiple reasons why the situation is different in the Golden State, including:

  • Cities Like San Francisco Ordered Lockdowns First. New York was significantly behind cities like San Francisco in shutting down facilities, including schools.
  • Population Density. Being a state with far less densely packed cities-- including Los Angeles has played in our favor.
  • Leadership. While Governor Gavin Newsom's leadership left much to be desired, he did not promulgate the same mistakes of Cuomo and NYC Mayor Bill de Blasio.

These factors together, and more-- have been essential in the spread of the disease. Although both states are democratic, New York remains a colder place, and we do know that most viruses die faster in sunny than in cold, damp places. So there could be other reasons for the differences in California and NY than just poor governance. Left or right, we should all be concerned about the erosion of civil liberties during a crisis and be prepared to sue the government when they start to act like Bolsheviks.

Whether or not you can sue the Chinese Communist party under international law remains to be seen. And if you want to sue Trump or local government for injuries or deaths from slow response, for example, you have to find an exception to sovereign immunity. Last, if you feel your local or state government violated your rights to life, liberty, or PURSUIT of happiness, we'd like to hear about it. So let us know.

Need to schedule an appointment for legal advice in a city near you? Reach out to a Los Angeles, California personal injury lawyer specialist near you or another location or practice area as follows:

Torrance wrongful death lawyer, Torrance car accident lawyer, Torrance motorcycle accident lawyer.